20141016 TZCA Mbeya
Failure to obtain a certificate on a point of law from the High Court renders the appeal incompetent and outside the jurisdiction of the Court of Appeal.
Source-derived case information.
- Citation
- 20141016 TZCA Mbeya
- Parties
- Appellant: Emmanuel Kabenga; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 October 2014
- Procedural Posture
- Criminal Appeal / Preliminary Objection at Appellate Court
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Jurisdiction, Certificate on Point of Law, Competence of Appeal
- Source Language
- english
Criminal Law Appellate Procedure Jurisdiction Certificate on Point of Law Competence of Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Kabenga
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Preliminary Objection at Appellate Court
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to hear the appeal without a certificate on a point of law from the High Court
Ratio Decidendi
Failure to obtain a certificate on a point of law from the High Court renders the appeal incompetent and outside the jurisdiction of the Court of Appeal.
Court Disposition
appeal struck out as incompetent
Orders
- Appeal struck out for incompetence.
- Appellant advised to apply to the High Court for a certificate on a point of law.
Full Case Text
Judgment text and source record
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